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Legal separation is a term used by Missouri courts regarding the state of a marriage. It is a step between marriage in which both parties live in the same household and a divorce. In a legal separation, the parties live in separate residences.
Definition
On April 15, 2004, the Missouri House of Representatives enacted House Bill 1364. According to the Act, a legal separation "shall allege that the marriage is not irretrievably broken and that therefore there remains a reasonable likelihood that the marriage can be preserved. "
Process
In Missouri, a legal separation requires that certain documents be filed in court. An attorney can be used, or the persons filing for separation can complete the forms themselves.
Reasons
The main reasons couples file for legal separation is to determine parenting and support issues while they work out the state of their marriage.
Children
As soon as a petition for legal separation is filed, any children from the marriage become the jurisdiction of the court, as long as no child neglect or abuse issues are pending in another court. Within 30 days of filing, both parties are to present the court with a proposed parenting plan.
Exceptions
Children over 18 require no parenting plan or court intervention in legal separations.
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